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I94, H1B stamping

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  • I94, H1B stamping

    Hi,

    1) My H1B visa expiration date on my passport is 16th july 2011. However, in september 2010, I did a h1b transfer to a new employer and my visa was extended until 2013 (i797 form). Do I need to get stamping of my h1-b on passport to stay in US (or is it only for entering into US)?

    2) If I have to go out of US for stamping (expires 16th july 2011), am I too late for it?

    3) The I94 that came with I797 form has the expiration date of sep 2013. I also have another I94 (the white one they give at the port of entry) from the last time I entered US. That one doesn't have a date or D/S in it, but simply says H1-B. Which is the actual I94 to be considered - the one that came with i797 or the white one?

  • #2
    You should go by the latest I-94 at the bottom of approval notice. You are good to stay in the US until 2013 according to that. Attach that to the one in your passport.
    If your visa has expired the next time you travel outside, you will have to apply at a consulate.
    This is my opinion and not legal advice.

    Comment


    • #3
      1) My H1B visa expiration date on my passport is 16th july 2011. However, in september 2010, I did a h1b transfer to a new employer and my visa was extended until 2013 (i797 form). Do I need to get stamping of my h1-b on passport to stay in US (or is it only for entering into US)?
      >>> Read the previous reply.

      2) If I have to go out of US for stamping (expires 16th july 2011), am I too late for it?
      >>> Visa is just an entry document to U.S. You need a valid visa only when you want to enter U.S. If you go out of the country and return back before July 16th 2011, then you can use the existing visa with the extended petition to enter U.S which will get you a new I-94 until the petition expiry date. If you re-enter U.S after July 16th, then you need to get the visa stamped again to re-enter.

      3) The I94 that came with I797 form has the expiration date of sep 2013. I also have another I94 (the white one they give at the port of entry) from the last time I entered US. That one doesn't have a date or D/S in it, but simply says H1-B. Which is the actual I94 to be considered - the one that came with i797 or the white one?
      >>> The last received I-94 will decide when your status will end. The last received I-94 will take precedence over all the other I-94s. Like mentioned in the previous reply, detach the I-94 from the H1B approval notice and staple it to the old I-94 in the passport. When you leave the country, you will have to return all the I-94's.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment

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